CLA-2-82:OT:RR:NC:1:118

Ms. Francine Ramsey
Hampton Direct Inc.
350 Pioneer Drive
P.O. Box 1199
Williston, VT 05495

RE: The tariff classification of a one-handed pruner from China.

Dear Ms. Ramsey:

In your letter dated February 19, 2009, you requested a tariff classification ruling.

You describe the submitted sample as a Press On & Lock Pruner (SKU #67090). The spring assisted blades are made of stainless steel and the handles are nylon and thermal plastic rubber. The pruner features a locking mechanism located at the blade’s pivot point. You state that the pruner is capable of cutting stems and branches up to 3/8” in diameter.

The applicable subheading for the one-handed pruner will be 8201.50.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for handtools of the following kinds and base metal parts thereof: spades, shovels, mattocks, picks, hoes, forks and rakes; axes, bill hooks and similar hewing tools; secateurs and pruners of any kind; scythes, sickles, hay knives, hedge shears, timber wedges and other tools of a kind used in agriculture, horticulture or forestry: secateurs and similar one-handed pruners and shears (including poultry shears), and parts thereof. The duty rate will be 1¢ each +2.8% ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Kathy Campanelli at (646) 733-3021.

Sincerely,

Robert B. Swierupski
Director
National Commodity Specialist Division